Tucker v. Black

Smith, Justice.

This case involves construction of the will of Jehu A. Smith, who died in 1955. Smith was survived by his widow, Ella, and two children, Hazel Tucker (appellant) and Clifton Smith, father of Brenda Black (appellee). Clifton Smith died in 1976, leaving Brenda Black as his only lineal descendant and heir. Ella Smith died in 1982 and in her will left all her property to Hazel Tucker. The controversy in this case arises over certain language in the will of Jehu Smith. Hazel Tucker sought a declaratory judgment that she was entitled, through her mother Ella’s will, to a one-half…